Trial set for DA misconduct

DENVER — A 15-day trial to determine whether Frank Ruybalid, district attorney of Las Animas and Huerfano counties, committed misconduct is set to begin April 14.

The trial was set Thursday by the state supreme court’s presiding disciplinary judge, William Lucero, who oversees resolution of official complaints of misconduct against Colorado attorneys.

Lucero will preside over the trial, in Denver, and will be one of three members of a hearing panel. Its job is to decide whether Ruybalid is guilty of misconduct and, if he is guilty, what his punishment should be. Possible punishments include a reprimand, suspension from practicing law or disbarment.

Lucero, at Thursday’s pre-trial conference, said 3rd District Chief Judge Claude Appel, based in Walsenburg, and public defender Patrick McCarville, based in Trinidad, may be among the witnesses against Ruybalid. McCarville a year ago submitted allegations against Ruybalid to the supreme court’s Office of Attorney Regulation Counsel.

That office investigated. It filed a 67-page complaint Aug. 21 for alleged misconduct in 15 criminal cases Ruybalid or prosecutors on his staff handled.

The complaint alleges that Ruybalid from 2010:

Repeatedly disobeyed orders of judges in Trinidad and Walsenburg.

Intentionally and repeatedly violated a state court rule that requires prosecutors to provide potential evidence and information that might favor defendants to their attorneys.

Hired inexperienced prosecutors, whose actions in court sometimes were incompetent, for key positions and failed to train and supervise them.

In a 52-page response Oct. 11, Ruybalid admitted, among other things:

He did not abide by at least one court order requiring him to provide information to a defense attorney, including the results of scientific testing of potential evidence.

He appointed as his top assistant prosecutor an attorney who had never handled a felony trial.

Ruybalid denied, among other things:

He failed to train and supervise prosecutors on his staff.

He intentionally delayed providing to a defense attorney the results of testing of weapons and lab results, which were potential evidence.

He intentionally failed to timely disclose evidence that might favor a defendant.